Am i a personal guarantor for my contract hire lease (limited company)

[StephenJames]

My limited company is about to go into liquidation and i am unsure if im a personal garantor for a contract fleet hire on some tools i have.

The main problem is that im no longer in possession of the tools that i have 3 year contracts

on as they were stolen 3 days ago, and i dont have the funds to pay the contracts out. The police were contacted and i have a crime reference number, im yet to inform the company that i have the contract with.

Im not sure if the contract i signed with them initally includes me as a personal garantor.

I have copied and pasted a section of the contract that i feel is realivant.

If any one can tell me if i will personally owe money to this company once my company goes into liquidation that will be great.

Thankyou

 

11. LIABILITY

11.1 Notwithstanding anything contrary, the Company’s liability to any user for personal injury or death caused by its

negligence or fraud is not limited.

11.2 The Company shall not be liable (whether or not the Company has been advised of the possibility of such loss) in

contract, tort, negligence or otherwise howsoever arising for any claim, damage, loss or costs in respect of:

11.2.1 any losses special to the Buyer, any direct loss of profits, any direct loss of turnover and/or any direct loss

of revenue; and

11.2.2 any indirect or consequential loss or damage howsoever caused including without limitation any losses

special to the Buyer, any loss of profits, loss of turnover, loss of revenue, loss of business and/or loss of

data

and for the avoidance of doubt, the sub-clauses in this Clause 11.2 are intended and agreed by the Buyer to be

severable.

11.3 Subject to Clause 11.1, the aggregate liability of the Company (whether in contract, tort, negligence or breach of

statutory duty or otherwise) to the Buyer for any loss or damage shall be limited to the price of the Goods.

11.4 The Buyer shall be liable for and shall indemnify the Company against any and all expenses, loss, liability or

proceedings suffered by a third party arising as a result of or in connection with any act, omission, negligence,

and/or breach of the terms of this Contract or otherwise through the default of the Buyer.

11.5 The Company makes no representation or warranty that the use of the Goods does not infringe the rights of any

third party and the Company accepts no liability in this respect.

12. DEFAULT OR INSOLVENCY OF BUYER

12.1 In the event that:

12.1.1 the Buyer shall be in breach of any of its obligations under the Contract;

12.1.2 any distress or execution shall be levied on the Buyer’s property or assets; or

12.1.3 if the Buyer (an individual or partnership) shall make or offer to make any voluntary arrangement or

composition with its creditors or become bankrupt or if any bankruptcy petition be presented against him;

12.1.4 (if the Buyer is a company) has an administrative receiver or administrator appointed or makes a

voluntary arrangement with its creditors or commences to be wound up; or

12.1.5 otherwise if the Buyer fails to pays its debts as and when they fall due; or

12.1.6 such equivalent event in Clauses 12.1.1 to Clause 12.1.5 occurs to the Buyer in its local jurisdiction;

the Company at its discretion and without prejudice to any other right or claim may by notice in writing forthwith

determine wholly or in part any and all of the other Contracts between the Company and the Buyer or may

(without prejudice to the Company’s rights subsequently to determine the Contract for the same cause should it so

decide) by notice in writing suspend further deliveries of Goods.

[toddle2u]

From whatyou have posted you are not personally liable. If you were you would have had to have signed a seperate document headed 'indemnity' ot 'guarantor'. CAn yo unot claim on insurance? If your payment were up t date at the time of the theft the insurance should pay out irrelevant of the pending liquidation